Is this legal? (driving time)

Hi guys. Not been around much on here recently, used to be in every night for many years.

Break: 45 minutes, driving clock reset.

Drive: 42 minutes.

It was then intended to take a break of a minimum of 15 minutes.
In the event it got left on break for 1 hr 04 minutes whilst I was loaded. I chose to only ‘count’ 15 minutes of this.

Drive: 3 hours 30 minutes.

Break: 31 minutes.

Drive: 1 hr 18 minutes.

Of course the 1 hr 04 minutes break reset the tacho driving the clock, so it later got all excited.

What do you think guys?

Your hour long break cleared your clock, so yeah, you infringed because you didn’t have a 45 to clear it again.

I think (but don’t use POA so wait for someone more knowledgeable to pipe up) if you’d booked 15m rest then switched to POA for the rest of the long break then your plan would have worked.

Driveroneuk:
Hi guys. Not been around much on here recently, used to be in every night for many years.

Break: 45 minutes, driving clock reset.

Drive: 42 minutes.

It was then intended to take a break of a minimum of 15 minutes.
In the event it got left on break for 1 hr 04 minutes whilst I was loaded. I chose to only ‘count’ 15 minutes of this.

Drive: 3 hours 30 minutes.

Break: 31 minutes.

Drive: 1 hr 18 minutes.

Of course the 1 hr 04 minutes break reset the tacho driving the clock, so it later got all excited.

What do you think guys?

No. You dont get to pick and choose what your tacho records. You went 18 minutes over your drive time, prepare to be strung up by your left testicle.

This was how I looked at it. Thou shalt not drive more than (an accumulated) 4.30 without taking a 45 minute break. That break may be split into a minimum of 15 + 30.

42 + 3.30 = 4.12 So within 4.30 breaks of a minimum of 15 minutes + 30 were taken.

I agree with what’s been said, you will get an infringement for that.

Sent from my mobile.

tachograph:
I agree with what’s been said, you will get an infringement for that.

Sent from my mobile.

Thanks for your input Tachograph. I wondered if you were still around and would see my post. I thought long and hard about it and figured it would work. Bizarre really, because if had taken LESS break than I did, it would then have been ok.

Anybody that starts with " high guys" is a wrong un.

Driveroneuk:

tachograph:
I agree with what’s been said, you will get an infringement for that.

Sent from my mobile.

Thanks for your input Tachograph. I wondered if you were still around and would see my post. I thought long and hard about it and figured it would work. Bizarre really, because if had taken LESS break than I did, it would then have been ok.

Good to see you still posting mate :smiley:

I don’t know if you had access to the tachograph, if you did this is one of those times when POA could have been useful to you, I’m not a fan of POA being used unnecessarily but it does on occasions have it’s uses.

POA would probably just have confused the situation to by resetting drive time on the tacho but not legally under the regs. Putting it on other work after 15 would have worked better but I suspect the OP might have been unable to access the cab? Or just take the 45 if in doubt.